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Writing for Corporate Counsel, David Henderson Analyzes Additional Leave as an Accommodation to Employee Disability

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, authored an article in Corporate Counsel that analyzed additional leave as an accommodation to employee disability. In the article, “4 Key Points on Additional Leave as an Accommodation to Employee Disability,” David discusses the Equal Employment Opportunity Commission’s (EEOC) recently published guidance "Employer-Provided Leave and the Americans with Disabilities Act." David notes that while much of the guidance in the publication is not new, it nevertheless should be useful to employers because of its expanded discussion of whether additional leave must be provided to an employee who already has exhausted other available leaves but still cannot return to work because of a disability. David evaluates the four key points that the Equal Employment Opportunity Commission (EEOC) makes in addressing the question of how an employer should respond when an employee exhausts other leave entitlements and then claims that, because of a disability, even more leave is needed before returning.